After a SLED investigation, Spartanburg Methodist College Officer Andrew Tomlinson has been cleared in the shooting death of Limestone Student, Delvin Simmons.
Police say on November 9th, Delvin Simmons and Oliver Chandler were on SMC’s college for a basketball game, when they believe Simmons and Chandler started attempting to break into cars.
New reports from the SLED investigation show there is video of Delvin Simmons and Oliver Chandler breaking into a car on SMC’s campus, but no video or pictures of the shooting incident.
The report says that witnesses say Simmons drove his car directly towards Tomlinson, and that Tomlinson tried to move first to the left to get out of the way and then to the right, firing four shots as he moved.
Two of those shots went through the windshield and hit Simmons in the head and killed Simmons instantly.
The solicitor that reviewed the case feels Tomlinson was justified in firing his service weapon.
Simmons had marijuana and anti-depressants in his system at the time of the shooting.
Chandler was arrested by another officer nearby.
Simmon’s family has retained the McLeod law group, they have released the following statement:
“The family is committed to securing justice for Delvin. They are preparing to file a wrongful death case against the College and Officer Tomlinson. They believe that no matter how you look at the facts, Delvin should be alive today. The family can’t help but feel had Delvin been a white student then policies and procedures would have been followed and his rights would have been respected. Instead, they are left to mourn an avoidable and tragic death.”
SMC has released this statement: “Any time there is a loss of life, it’s a tragedy, but we are pleased that the Solicitor found no evidence of wrongdoing.”
SMC Officer Andrew Tomlinson continues to be on paid administrative leave, according to the college.